Common use of Delivery Phase Agreement and Delivery Phase Approval Clause in Contracts

Delivery Phase Agreement and Delivery Phase Approval. The Commonwealth must: if Delivery Phase Agreement is achieved, issue a written notice to the Consultant stating the date upon which Delivery Phase Agreement was achieved; if Delivery Phase Agreement has not been achieved (whether because of the circumstances referred to in clause 8.3(e) or 8.4(c) or otherwise), issue a written notice so advising the Consultant; and: stating that clause 8.6(d) does not apply; or stating the date from which and to the extent to which clause 8.6(d) is to apply; after a notice has been issued under subparagraph (i): if Delivery Phase Approval is obtained, issue a written notice to the Consultant stating the date upon which Delivery Phase Approval was obtained; and if Delivery Phase Approval has not been obtained, issue a written notice so advising the Consultant. If the Commonwealth issues a notice under clause 8.5(a)(ii)B or 8.5(a)(iii)B, then the parties must comply with their respective obligations in accordance with the Contract, subject to clause 8.4(b)(ii). The Consultant acknowledges that: it will have no entitlement to perform the Services for the Delivery Phase unless the Commonwealth issues a notice under clause 8.5(a)(ii)B or 8.5(a)(iii)B; and without limiting clause 8.2, the splitting of the Services as between the Planning Phase and the Delivery Phase is solely for the benefit of the Commonwealth, to enable the Commonwealth to ascertain whether it will maximise value for money for the Commonwealth and otherwise further the considerations referred to in clause 8.3(b)(vi) in engaging the Consultant to perform the Services for the Delivery Phase and the rights and obligations of the parties and the functions of the Commonwealth's Representative are to be construed accordingly. The Commonwealth may at any time and from time to time, by written notice to the Consultant unilaterally extend the Date for Delivery Phase Agreement or the Date for Delivery Phase Approval. Neither an extension of the Date for Delivery Phase Agreement or the Date for Delivery Phase Approval under paragraph (d), nor the issue of a notice under paragraph (a)(ii) or (a)(iii)B, will: limit or affect the Consultant's obligations or liabilities under this Contract or prejudice the right of the Commonwealth to exercise any right or remedy (including recovery of damages, whether while electing to keep the Contract on foot or after termination) which it may have where the Consultant breaches the Contract, whether under the Contract or otherwise according to law; or entitle the Consultant to bring a Claim against the Commonwealth. The Consultant acknowledges that any Act of Prevention which prevents: finalisation of a resource plan which is approved by the Commonwealth's Representative as required under clause 8.3(a) by the Date for Delivery Phase Agreement; agreement on all the matters in clause 8.4(a)(i) - 8.4(a)(ii) as required under clause 8.4(a) by the Date for Delivery Phase Agreement; or satisfaction with the performance of the Consultant under the Contract as required under clause 8.4(c)(ii) by the Date for Delivery Phase Agreement, will not: entitle the Consultant to bring a Claim against the Commonwealth; or limit or affect any right of the Commonwealth or the Commonwealth's Representative, including the right of the Commonwealth to elect not to engage the Consultant to perform the Services for the Delivery Phase or to issue a notice under clause 8.5(a)(ii), whether on the basis that the obligation to finalise or agree the relevant matter or achieve the relevant satisfaction referred to in subparagraph (i) or (ii) has become an obligation to finalise or agree the relevant matter or achieve the relevant satisfaction within a reasonable time or on any other basis at law or in equity.

Delivery Phase Agreement and Delivery Phase Approval. The Commonwealth must: if Delivery Phase Agreement is achieved, issue a written notice to the Consultant stating the date upon which Delivery Phase Agreement was achieved; if Delivery Phase Agreement has not been achieved (whether because of the circumstances referred to in clause 8.3(e(e) or 8.4(c(c) or otherwise), issue a written notice so advising the Consultant; and: stating that clause 8.6(d(d) does not apply; or stating the date from which and to the extent to which clause 8.6(d(d) is to apply; after a notice has been issued under subparagraph (i): if Delivery Phase Approval is obtained, issue a written notice to the Consultant stating the date upon which Delivery Phase Approval was obtained; and if Delivery Phase Approval has not been obtained, issue a written notice so advising the Consultant. If the Commonwealth issues a notice under clause 8.5(a)(ii)B 8.4B. or 8.5(a)(iii)B8.4A., then the parties must comply with their respective obligations in accordance with the Contract, subject to clause 8.4(b)(ii(ii). The Consultant acknowledges that: it will have no entitlement to perform the Services for the Delivery Phase unless the Commonwealth issues a notice under clause 8.5(a)(ii)B 8.4B. or 8.5(a)(iii)B8.4A.; and without limiting clause 8.28.1, the splitting of the Services as between the Planning Development Phase and the Delivery Phase is solely for the benefit of the Commonwealth, to enable the Commonwealth to ascertain whether it will maximise value for money for the Commonwealth and otherwise further the considerations referred to in clause 8.3(b)(vi(vi) in engaging the Consultant to perform the Services for the Delivery Phase and the rights and obligations of the parties and the functions of the Commonwealth's Representative are to be construed accordingly. The Commonwealth may at any time and from time to time, by written notice to the Consultant unilaterally extend the Date for Delivery Phase Agreement or the Date for Delivery Phase Approval. Neither an extension of the Date for Delivery Phase Agreement or the Date for Delivery Phase Approval under paragraph (d), nor the issue of a notice under paragraph (a)(iiii) or (a)(iii)BB., will: limit or affect the Consultant's obligations or liabilities under this Contract or prejudice the right of the Commonwealth to exercise any right or remedy (including recovery of damages, whether while electing to keep the Contract on foot or after termination) which it may have where the Consultant breaches the Contract, whether under the Contract or otherwise according to law; or entitle the Consultant to bring a Claim against the Commonwealth. The Consultant acknowledges that any Act of Prevention which prevents: finalisation of a resource plan which is approved by the Commonwealth's Representative as required under clause 8.3(a(a) by the Date for Delivery Phase Agreement; agreement on all the matters in clause 8.4(a)(i(i) - 8.4(a)(ii(ii) as required under clause 8.4(a(a) by the Date for Delivery Phase Agreement; or satisfaction with the performance of the Consultant under the Contract as required under clause 8.4(c)(ii(ii) by the Date for Delivery Phase Agreement, will not: entitle the Consultant to bring a Claim against the Commonwealth; or limit or affect any right of the Commonwealth or the Commonwealth's Representative, including the right of the Commonwealth to elect not to engage the Consultant to perform the Services for the Delivery Phase or to issue a notice under clause 8.5(a)(ii(ii), whether on the basis that the obligation to finalise or agree the relevant matter or achieve the relevant satisfaction referred to in subparagraph (i) or (ii) has become an obligation to finalise or agree the relevant matter or achieve the relevant satisfaction within a reasonable time or on any other basis at law or in equity.

Delivery Phase Agreement and Delivery Phase Approval. The Commonwealth must: if Delivery Phase Agreement is achieved, issue a written notice to the Consultant stating the date upon which Delivery Phase Agreement was achieved; if Delivery Phase Agreement has not been achieved (whether because of the circumstances referred to in clause 8.3(e(e) or 8.4(c(c) or otherwise), issue a written notice so advising the Consultant; and: stating that clause 8.6(d(d) does not apply; or stating the date from which and to the extent to which clause 8.6(d(d) is to apply; after a notice has been issued under subparagraph (i): if Delivery Phase Approval is obtained, issue a written notice to the Consultant stating the date upon which Delivery Phase Approval was obtained; and if Delivery Phase Approval has not been obtained, issue a written notice so advising the Consultant. If the Commonwealth issues a notice under clause 8.5(a)(ii)B 8.5B. or 8.5(a)(iii)B8.5B., then the parties must comply with their respective obligations in accordance with the Contract, subject to clause 8.4(b)(ii8.(ii). The Consultant acknowledges that: it will have no entitlement to perform the Services for the Delivery Phase unless the Commonwealth issues a notice under clause 8.5(a)(ii)B 8.5B. or 8.5(a)(iii)B8.5B.; and without limiting clause 8.2, the splitting of the Services as between the Planning Phase and the Delivery Phase is solely for the benefit of the Commonwealth, to enable the Commonwealth to ascertain whether it will maximise value for money for the Commonwealth and otherwise further the considerations referred to in clause 8.3(b)(vi8.(vi) in engaging the Consultant to perform the Services for the Delivery Phase and the rights and obligations of the parties and the functions of the Commonwealth's Representative are to be construed accordingly. The Commonwealth may at any time and from time to time, by written notice to the Consultant unilaterally extend the Date for Delivery Phase Agreement or the Date for Delivery Phase Approval. Neither an extension of the Date for Delivery Phase Agreement or the Date for Delivery Phase Approval under paragraph (d), nor the issue of a notice under paragraph (a)(iiii) or (a)(iii)BB., will: limit or affect the Consultant's obligations or liabilities under this Contract or prejudice the right of the Commonwealth to exercise any right or remedy (including recovery of damages, whether while electing to keep the Contract on foot or after termination) which it may have where the Consultant breaches the Contract, whether under the Contract or otherwise according to law; or entitle the Consultant to bring a Claim against the Commonwealth. The Consultant acknowledges that any Act of Prevention which prevents: finalisation of a resource plan which is approved by the Commonwealth's Representative as required under clause 8.3(a(a) by the Date for Delivery Phase Agreement; agreement on all the matters in clause 8.4(a)(i(i) - 8.4(a)(ii(ii) as required under clause 8.4(a(a) by the Date for Delivery Phase Agreement; or satisfaction with the performance of the Consultant under the Contract as required under clause 8.4(c)(ii(ii) by the Date for Delivery Phase Agreement, will not: entitle the Consultant to bring a Claim against the Commonwealth; or limit or affect any right of the Commonwealth or the Commonwealth's Representative, including the right of the Commonwealth to elect not to engage the Consultant to perform the Services for the Delivery Phase or to issue a notice under clause 8.5(a)(ii8.(ii), whether on the basis that the obligation to finalise or agree the relevant matter or achieve the relevant satisfaction referred to in subparagraph (i) or (ii) has become an obligation to finalise or agree the relevant matter or achieve the relevant satisfaction within a reasonable time or on any other basis at law or in equity.